Over last year, nothing divided the Albuquerque City Council and Mayor Tim Keller more than “safe outdoor spaces” with the city council first supporting the land use, then reversing its support only to have Mayor Tim Keller  prevail in allowing them by use of his veto pen and the city council lacking  the required  6 votes  to override him.  A “safe outdoor space” is a lot, or a portion of a lot, developed to permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, fencing and social services offered.

“SAFE OUTDOOR SPACES” A KELLER INTIATIATED POLICY

It was Mayor Tim Keller who in his Apri 1 proposed city buget, which was approved by the city council, that initially came up with the “Safe Outdoor Spaces” concept when he included and received city council approval of $950,000 in his 2022-2023 budget for establishment and development of the city sanction tent encampments. The budget approved includes the following line-item funding:

“$750,000 for proposed “safe outdoor spaces”. … If approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City. There is an additional $200,000 for developing other sanctioned encampment programs.”

On Saturday, June 25, Mayor Tim Keller gave his “State of The City” address. Keller bought up the city’s homeless crisis. Keller noted that homelessness is “on display in so many areas in our city”. Keller had this to say:

“We have to open new ways, new pathways, to longstanding problems and try new approaches. We’ve got to be agile, we’ve got to learn, and we’ve got to keep creating pathways to stability. That is why we are revisiting our approach to homelessness and encampments.”

On July 6, after intense public outcry and objections over the homeless, Mayor Tim Keller again announced that his administration was “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller expressed the intent to initiate major changes on how to deal legally with homeless encampments. However, Keller showed absolutely no interest and did not reconsider his support  of Safe Outdoor Spaces to deal with the unhoused.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/city-of-albuquerque-revisits-policy-in-hopes-to-combat-homelessness/

COUNCIL ENACTS SAFE OUTDOOR SPACES, HAS SECOND THOUGHTS AND KELLER VETOS

It was on June 6, the Albuquerque City Council enacted a bill on a 5-4 vote that  amended the Integrated Development Ordinance (IDO) which is the city’s zoning code laws, that allows  “safe outdoor spaces” . It sets  a limit of two in each of the city’s 9 council districts. Mayor Tim Keller signed into the law the legislation.  The enactment resulted in a severe backlash of public opposition.  On December 5, the City Council voted on a 5-4 to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use.  Mayor Tim Keller vetoed the legislation. It was the councils third attempt to reverse its own decision in June to allow Safe Outdoor Spaces with one vote defunding them.  On January 4, the city council attempted to “override” Keller’s veto, but failed to secure the necessary 6 votes.

ARGUMENTS MADE AGAINST SAFE OUTDOOR SPACES

Representatives from neighborhood associations, including the Santa Barbara Martinez town Neighborhood Association, Wells Park Neighborhood Association and business organizations  have made the following arguments  in opposition to  Safe Outdoor Spaces :

1. The City Council amendment for Safe Outdoor Space is not well planned out.  Safe Outdoor Spaces will not be safe despite security plans and they will be magnets for crime.

2. Safe Outdoor Spaces in the form of “tent encampments for the homeless” constitute temporary housing that has been found to be the leasteffective means with dealing with the homeless. Many city’s that once embraced city sanctioned homeless encampment such as tent encampments are abandoning them in favor of more permanent housing.

3. Safe Outdoor Spaces will be detrimental to the neighborhoods and surrounding business and interfere with the peaceful use and enjoyment of property, both private and public property, and will reduce property values and interfere with redevelopment efforts.

4. The Safe Outdoor Spaces provisions are not in conformity and contradict the numerous provisions of the Integrated Development Ordinance (IDO), including relating to “higher and best use”of property and the intent and goal of the IDO to have reasonable, responsible redevelopment provisions that do not hinder development.

5. Annual updates and amendments to the IDO, such as is the case with Safe Outdoor Spaces, are enacted without public support or input. The Integrated Development Ordinance (IDO) annual amendment process undertaken by the City Council is seriously flawed and is defective and does not allow for community input for major types of amendments affecting communities, such as Safe Outdoor Spaces.   There is no complete review of data coming from the Planning Department to the EPC for IDO Amendments.  Substantive amendments to the IDO are not being fully investigated and vetted by the Planning Department for recommendations to EPC as was the case with Safe Outdoor Spaces.

6. Safe Outdoor Spaces as adopted City Wide will be catastrophic to business districts. A good example given is the Menaul Metropolitan Redevelopment Area (MRA) Plan, an area where the Dawn Legacy homeless encampment will be if allowed. The Menaul Blvd corridor within the MRA boundaries is identified as blighted, with shuttered buildings, business that have closed, with no ability to attract new capital investment.  A study and survey involving the Menaul MRA  identified the homeless impact to businesses as a top problem by 93% and crime at 97%. The homeless issues identified by the Menaul MRA study are not unique.  There are 20 other MRAs identified within the City that are also subject to the same “systemic homeless” crises.

7. The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis. Safe Outdoor Space encampments are contrary to the city’s “housing first” policy by not providing a form of permanent housing. Safe Outdoor Spaces violates the city’s “Housing First”policy jeopardizing millions of dollars in federal funding by offering temporary housing and tent encampments to the homeless.  In the 2021 fiscal year, the city spent $40 million and in the 2022 fiscal year will be   spending $60 million to assist the homeless and much of the federal funding will be placed in jeopardy because of Safe Outdoor Spaces.

8. Safe Outdoor Spaces are nuisances and are in violation of city ordinances dealing with nuisance abatement on real property, especially property owned by the city.

APPROVED SAFE OUTDOOR SPACES

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate.  Two are designed for people to sleep in cars rather than tents and are located outside existing homeless shelters.  The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE. The city has partnered with the nonprofit Heading Home to launch the first two.

A third  Safe Outdoor Space is Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  It would operate under a 6 month licensing agreement with a possible 6 month renewal.  It was first approved by the Planning Department behind closed doors without giving proper and legally required  notice to surrounding property owners. 

The Dawn Legacy Point  safe outdoor space homeless encampment has generated major opposition and there are 6 appellants.  Opposing it are the   Santa Barbara Martineztown Neighborhood Association, the nonprofit LifeROOTS , the Crowne Plaza hotel, Sunset Memorial Park cemetery, the Greater Albuquerque Hotel & Lodging Association and the company that runs the Ramada Plaza hotel.

Last month, the Planning Department once again granted approval for the safe outdoor space at the Menaul  site.   At least 7  entities are fighting Dawn Legacy Pointe’s new approval. They argue that the project will harm an area already grappling with problems, that Dawn Legacy Pointe’s plans, including for security, are all insufficient and that the city is not protecting the community.

The Legacy Point encampment is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. Six appeals have been filed and a hearing officer sent the approval back to the Planning Department and finding that the city had not required the operator to first notify all the necessary property owners nearby.

LifeROOTS, one of the appellants, wrote in its appeal that the city “has no plan whatsoever to address and mitigate the impacts on the surrounding property owners and community at large.”

Menaul School and the Santa Barbara Neighborhood Association have argued that the City Planning Department and the Family Community Services Department gave the Dawn Legacy Point applicant preferential treatment by searching for and  identifying city own property to be used for the Safe Outdoor Space and  with the Family Community Services Department committing funding for the safe outdoor space before it was approved,

Menaul School wrote in its appeal:

“It is clear that the issuing of the permit to Dawn Legacy Pointe has been tainted from the start by the weighing of the (city’s) Department of Family & Community Services’ thumb upon the scales.”

Dawn Legacy Pointe for its part has said its operations plan, including the cite’s security plan, underwent a review as part of its approval process  and all such projects must have fences with lockable gates, background checks for operators and residents and 24/7 staffing. Katie Simon, a spokesperson for Dawn Legacy Pointe, said this:

“Data from other cities demonstrate that Safe Outdoor Spaces do not contribute to an increase of crime. … Safe outdoor spaces are a useful resource for people living on the street and to mitigate unsanctioned encampments.”

Links to news source material are here:

https://www.abqjournal.com/2561731/mayor-kellers-veto-put-safe-outdoor-spaces-on-the-city-council-agenda-again.html

MENAUL PROPERTY  BEING LOOKED AT FOR  GARBAGE TRANSFER STATION

In addition to the Dawn Legacy Pointe plan to establish and operate a “safe outdoor space” at 1250 Menaul Blvd, NE  to provide a tent encampment for 50 women who are homeless and who are “sex-trafficking victims”, the city’s Solid Waste Department wants to use 1 of the 2 adjoining city owned parcels  of land for a garbage transfer station.  The transfer station would allow individual city trash trucks to drop off their loads so larger vehicles could then transport the garbage to the landfill. It has been reported that while the city  has looked at other sites for the garbage transfer station, the Menaul property is the only location currently under consideration. Solid Waste spokeswoman Emily Moore said  the city has not taken steps necessary as of yet  to open a transfer station, such as seeking the requisite zone change or the state permit needed for such a facility.

Both KOAT Channel 7 and KRQE News 13 have reported that city bought the 14-acre property on the Northwest corner of the interchange for $6.8 million with the intention of turning it into a solid waste transfer station. There are concerns about the school, businesses, and hotels just across the street as  well as the cemetery next door.

Albuquerque Solid Waste Director Matthew Whelan  had this to say:

“It’s a great location because it’s centralized in the city and it’s near both of the freeways.  … And, by having a centralized location, not only are you going to save time, you’re going to save truck wear and tear, and you’re going to save emissions because now we’re just going to be putting the refuse there, and they’re going to be sending one truck to the landfill.  … Our goal is to make it more appealing looking  …  [This one] … will look like a normal industrial building, you know, it’ll be, like, brown. It’ll have landscaping. … It’ll be,  it won’t be like an open pit where we’re just dumping into.”

The Santa Barbara Martineztown Neighborhood Association and Crown Plaza Hotel,  two of the appellants  of the Dawn Legacy Point Safe Outdoor Space at 1250 Menaul Blvd, NE, are also strongly opposed to the city’s plans for a garbage transfer station at the same location.

Loretta Naranjo Lopez, president of the Santa Barbara Martineztown Neighborhood Association had this to say about the garbage transfer station:

“They’re hiding this from us and they’re not talking to us at all. … And, we’re outraged. I would be asking all these people here, what do you want to see here before they even consider it?  … We’re already dealing with the freeway. We have done a health impact statement study and it says 10 miles out, the impact to our health is bad from the freeway. Anything added to it is just going to be a catastrophe. …  Every 30 seconds, a [city garbage]truck coming down Menaul and people having their funeral services at the Sunset Memorial with all that noise [is a concern]. 

Joani Jones, general manager of the Crown Plaza Hotel, which sits just across Interstate 25 from the property said this:

“We’re the heart of the city. The Midtown area is truly in the heart of the city,” … We don’t need the smell. We don’t need people to see that.”

 The nearby Stronghurst Neighborhood Association is also opposed to both the Safe Outdoor Space and the garbage transfer station being located at 1250 Menaul Blvd, NE.   Bill Sabatini is a very well know and highly respected business person in Albuquerque and he is  the president of  Stronghurst Neighborhood Association.  He said  local business owners and others opposing the city’s plans have been meeting for months.

Sabatini said he would like to see the city establish the safe outdoor space and as well as the transfer station in another part of town. He said his organization and those he represents believes that a safe outdoor space will bring more unhoused to the area.  He also said a garbage transfer station will be a waste of prime real estate.  Sabatini argued that the site could be a showcase for Albuquerque given its location near several hotels and two interstates.

Bill Sabatini  had this to say this about the garbage transfer station:

“It’s a bad idea; it’s a dumb idea. … It’s just totally inappropriate for here. … We know it’s not going to smell,  they have figured out ways to do that,  but the amount of traffic, truck traffic, from the entire east side of the city to that location is ungodly.  … That’s just not a good location.  That’s a terrible location to put something of that nature right in the middle of the city – (it’s) a highly visible location! … It’s a perfect place to make a positive statement about Albuquerque. …  There could be a lot of things that happen here that could be much more beneficial. One idea, for instance, is this would be a great location for either a history museum or some kind of education center.”

Links to the quoted news sources are here:

https://www.koat.com/article/city-wants-to-build-trash-transfer-station-at-the-big-i/41067692

https://www.krqe.com/news/albuquerque-metro/its-a-dumb-idea-martineztown-residents-say-garbage-transfer-station-bad-fit-for-neighborhood/

https://www.abqjournal.com/2561741/city-could-use-menaul-property-for-garbage-transfer-station.html

COMMENTARY AND ANALYSIS

Only in the really screwed up “Burque World” of Mayor Tim Keller can it be imagined that  2 adjoining lots of prime commercial property own by the city worth upwards of $13 million would be used for a Safe Outdoor Space  for  a tent encampment for women who are “sex-trafficking victims” and the  city would  construct and run  a “garbage transfer station” next to it.  The optics are so very representative of the kind of a Mayor Tim Keller really is and how he operates and thinks.

First, Mayor Keller advocaats for “Safe Outdoor Space” and sneaks $950,000 in his general fund budget which the City Council haplessly agrees to and allocates.

Second, Mayor Keller takes steps asking for 100 amendments to the Integrated Development Ordinance with one amendment allowing 2 Safe Outdoor Spaces in each of the 9 City Council Districts.  The amendments pass on  the slimmest 5-4 vote.  When the City Council  realizes the mistake they had made as a result of major public outrage and push back, the City Council seeks to reverse course, votes to defund the financing and votes to  remove Safe Outdoor Spaces as a permitted use but votes 5-4 for repeal.  Keller vetoes the repeal despite public opposition and outrage claiming he was elected to make the hard decision essentially ignoring the will of the voters and not wanting to admit how very wrong his policy actually is and the damage it will do.

Third, Keller’s own Family and Community Services Department and Planning Department Officials go out of their way to give preferential treatment and financial aid to the applicants for a Safe Outdoor Space for unhoused woman who are “sex-trafficking victims”. Never mind the fact that victims of sex trafficking need stable and permanent housing and services and placing such women in tents to live is very  degrading and revictimizes them again.

Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.  Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances,  such was the case with Coronado Park. The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

It’s Keller’s sneaky conduct like this  and  lack of communication and transparency and ignoring the general public  that has resulted in Mayor Tim  Keller and his Administration being viewed as very heavy handed and incompetent in dealing with the homeless crisis. In August of last year, the city released the Citizen Perception Survey.  The survey found that 70% of citizens surveyed  rate the city poorly for its performance in dealing with the homeless crisis.  This includes 41% who gave city hall the lowest possible rating.  Meanwhile, only 9% gave the city’s homelessness response a favorable review. In other words, 7 times more people rate the city poorly on the issue than offer a positive assessment.

With any luck, Tim Keller will move on  mid term of his second term, something he has done as State Senator and State Auditor,  because the city cannot afford 3 more years of his failed leadership.

On January 4, 2022, the city announced that it will use the future Gateway Center located at 5400 Gibson SE  for temporary winter “emergency shelter” use beginning on January 10.  The location is the  Gibson Lovelace Medical Center that was acquired by the city last year and that is being remodeled for the Gateway Homeless Shelter.  The January 10 opening will be the first time the city shelters people who are homeless at the site.

According to  city officials, emergency overnight space for 50 people, both men and woman, who are now sleeping on the streets or in unauthorized encampments will be made available. The city said the emergency shelter is needed now as an alternative to the existing West Side Shelter where the unhoused are refusing to go.

Outreach teams will be dispatched  to locate and identify unhoused from unsanctioned encampments around the city and offer them an indoor place to stay at the location during the coldest months of the year.  The unhoused will be transported to the site in the late afternoon and bused out each morning.

City Officials with the Family And Community Services Department said that the winter emergency shelter effort is totally separate from the “Gateway Center” which is scheduled to open in April or early Spring.  When the Gateway Center finally opens, it will initially have shelter beds for 50 women with services made available to them.

Elizabeth Holguin, deputy director in the city’s Family and Community Services Department,  said this:

“We wanted more options for people in town. … This is simply to help people survive the cold nights, and that’s it.”  

On January 4, the City Council approved a $1.1 million contract with the nonprofit Heading Home to run the emergency shelter through April 3.  Heading Home has also been contracted to operate the Gateway Center when it is scheduled to open in three months.  Outreach teams will work specifically to bring in people from unsanctioned encampments around the city and give them an indoor place to stay during the coldest months of the year.

City Council President Pat Davis raised questions about the city’s readiness to open the site for emergency overnight stays.  Davis’s city council district includes the Gateway Center property.  Davis  was among 3 city  councilors who voted against the contract, saying he did not believe the city had yet met its obligations under the “good neighbor agreement” it has with the community surrounding the Gateway Center. Family and Community Services Department Director Carol  Pierce said the city has met its “good neighbor agreement” responsibilities and that regular meetings with neighbors will allow them to voice any future concerns.  There was no mention  if the Family and community Services  Department gave a heads up to the various neighborhood associations in the area.

The link to the quoted news source is here:

https://www.abqjournal.com/2562074/old-lovelace-to-open-as-emergency-shelter-ex-opening-next-week-the.html

“GOOD NEIGHBOR AGREEMENT”

The Good Neighbor Agreement explains the Gateway Centers purpose.   The agreement stipulates that the city will:

• Provide 24/7 professional security at the site, including a security car and closed-circuit TV cameras
• Improve exterior lighting, and keep the property “clean and orderly”
• Establish “clear and reliable” ways for the surrounding community to communicate about the site
• Hold monthly planning meetings with the neighborhood
• Set up an on-site office for the city’s encampment team, with two employees to monitor the area within a quarter-mile radius and remove illegal encampments, as permitted by policy
• Conduct a road audit of Gibson and San Mateo to assess conditions, reviewing and prioritizing recommendations “to encourage compliance with traffic laws and pedestrian safety”
• Study current public transportation access to the area and consider potential modifications

Despite the assurance of Family and Community Services Department Director Carol  Pierce, there exists real dispute by neighborhood associations in the area that the Good Neighborhood Agreement has been finalized for the  Gateway Center. Three neighborhood associations near the planned Gateway Center shelter and services hub have declined to sign the document, saying it did not address some of their chief concerns.

Three associations that  have signed the Gateway Good Neighborhood Agreement agreement are the Trumbull Village and South San Pedro Neighborhood Association and the District 6 Neighborhood Association Coalition.  However, the Elder Homestead Neighborhood Association,  the Siesta Hills Neighborhood Association and the Parkland Hills Neighborhood Association  have not signed saying it did not address some of their chief concerns. Talks ended on the agreement in mid-November, at which time Family and Community Services Director Carol Pierce said the city was done negotiating.

Siesta Hills President Rachel Baca said she and others wanted the city to include a facility capacity limit, a guarantee the city would not permit any sanctioned homeless encampments in the vicinity and language making clear the Gateway will not function as a walk-up meal site. None of those terms are included in the agreement.

The link to the quoted news source is here:

https://www.abqjournal.com/2554306/the-city-says-it-has-a-good-neighbor-agreement-for-its-new-homeless-shelter-its-missing-3-signatures.html

THE GATEWAY CENTER HOMELESS SHELTER

It was on April 6, 2021, Mayor Tim Keller officially announced the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million.  Keller announced that the massive facility would be transformed into the Gateway Center Homeless Shelter.

Interior demolition and remodeling of the 572,000 square foot building has been going on for a number of months to prepare the facility for a homeless shelter.  The ABQ Gateway Center will likely to open sometime in the Spring of 2023.  Beds for 50 women are planned for the first phase and for the first responder drop-off is to come online early 2023. The city plans to launch other elements of the 24/7 shelter by next summer.  According to the 2022-2023 approved city budget, $1,691,859 has been allocated for various vendors to operate Westside Emergency Shelter Center.

The city is planning to assist an estimated 300 unhoused and connect them to other services intended to help secure permanent housing. The new facility is intended to serve all populations of men, women, and families. Further, the city wants to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility is to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.  The goal is for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

The city estimates 1,500 people could go through the drop-off each year. The “dropoff  for the down and outs” will initially have 4 beds.  It is primarily imagined as a funnel into other services.  While that likely will include other on-site services, city officials say it will also help move people to a range of other destinations, including different local shelters, or even the Bernalillo County-run CARE Campus, which offers detoxification and other programs.

The city’s plan is to continue adding capacity, with ultimate plan to have a total of 250 emergency shelter beds, and 40 beds for medical sobering and 40 beds for medical respite beds for a total of 330 bed capacity.  Counting the other outside providers who lease space inside the building, city officials believe the property’s impact will be significant.

The link to quoted news source material is here:

https://www.abqjournal.com/2529657/abq-gateway-center-likely-to-open-some-time-this-winter-ex-mayor-say.html

COMMENTARY AND ANALYSIS

The City’s announcement that it will use the future Gateway Center Homeless shelter for temporary  winter “emergency shelter” use beginning on January 10 no doubt took the surrounding neighborhood associations by total surprise.  Absent was any discussion as to what extent the Keller Administration reached out to them to go forward to use the facility for temporary winter emergency shelter use before it is even ready to shelter anyone.  It is not at all likely that any of the mandates of the “Good Neighborhood Agreement” are in place to operate the facility as an emergency winter shelter.

It’s conduct like this and the lack of communication with affected neighborhoods that has resulted in the Keller Administration being viewed as very heavy handed and incompetent in dealing with the homeless crisis. In August of last year, the City released the  Citizen Perception Survey.  The survey found that 70% of citizens surveyed  rate the city poorly for its performance in dealing with the homeless crisis.  This includes 41% who gave city hall the lowest possible rating.  Meanwhile, only 9% gave the city’s homelessness response a favorable review. In other words, 7 times more people rate the city poorly on the issue than offer a positive assessment.

New Mexico Governor Michelle Lujan Grisham announced the appointment of former Democratic State Party Chair and defense attorney Sam  Bregman as the new 2nd Judicial District Attorney replacing Raúl Torrez.  Torrez was elected Attorney General on November 8 and was  is sworn in  on January 1 replacing Attorney General Hector Balderas.  According to a press release, Bregman will begin serving in the position immediately.   Bregman will serve the remaining 2 years of Raúl Torrez’s 4 year term he was elected to in 2020.  It was reported that Bregman will not run for reelection in 2024.

Governor Lujan Grisham  had this to say in a press release:

“A former prosecutor with extensive experience in litigation and case oversight, Sam Bregman will bring a fresh perspective to the Second Judicial District Attorney’s office.  … I am confident that he will serve as a dedicated and effective district attorney focused on improving public safety and supporting the people of Bernalillo County. …  Bregman will leave the office after serving the remaining two years of Torrez’s term. … He will not run for reelection to the office, focusing on the office’s work to combat crime and build stronger, safer communities.”

Sam Bregman had this to say about his appointment:

“I am honored to be appointed as Second Judicial District attorney. I realize the great responsibility of the role and am committed to relentlessly pursuing justice for the residents of Bernalillo County. …  I look forward to joining the hardworking staff of the DA’s office and will prioritize fully staffing the office to support their ongoing critical work. Together we will serve the people of central New Mexico and deliver real results and improve public safety.”

ABOUT SAM BREGMAN

Sam Bregman is a 1989 graduate of the University of New Mexico Law School.  He  is a former Democratic Party State Chairman. Bregman  served as an Assistant Bernalillo County District Attorney from 1994 through 1997. Bregman was an elected Albuquerque City Council from 1995 until 1999 and has a served as Deputy State Auditor for the State of New Mexico.  Bregman unsuccessfully ran for Commissioner of Public Lands and Mayor of Albuquerque.  Bregman currently serves on the New Mexico Racing  Commission and is Chairman of the Commission.

Bregman has trial experience in both civil and criminal defense’ with 3 decades of trial experience. He  has  represented defendants in several high-profile cases over the years including representing Keith Sandy, one of the two APD Officers who faced charges for the shooting killing of homeless camper James Boyd in 2014. He represented Keith Brandon and Jonathan Sandoval, the two Metropolitan Detention Center officers charged in the 2019 death of inmate Vincente Villela. He also represented the family of Amelia Baca, who was shot and killed by a Las Cruces Police Officer in April of 2022.

Links to quoted news sources are here:

https://www.kob.com/new-mexico/governor-appoints-bernalillo-county-district-attorney/

https://www.koat.com/article/gov-lujan-grisham-second-judicial-district-attorney/42389045

https://www.krqe.com/news/politics-government/governor-appoints-sam-bregman-as-bernalillo-county-da/

https://www.abqjournal.com/2561709/longtime-defense-attorney-sam-bregman-named-da.html

OTHER APPLICANTS

Bregman was one of 14 applicants who applied for the appointment. The 13 other applicants were:

1. Damon Martinez, a former United States Attorney for New Mexico. 
2. Private Attorney Ed Perea, a retired APD  Police Commander.  
3. Joseph Gandert, a private Albuquerque attorney, and a fomer Federal Public defender. office for 20 plus years.
4. Joseph Gribble,an Albuquerque attorney, a 1977 graduate of University of New Mexico law with extensive experience in criminal and civil litigation
5. Evan Cochnar a fomer prosecutor who currently works for the New Mexico Risk Management Division.
6. Assistant Attorney General Ashley Schweizer.
7. Bernalillo County Deputy District Attorney Josh Boone who  oversees the Metropolitan Division.
8. Bernalillo CountyDeputy District Attorney John Duran, who oversees the District Attorneys’ Major Crimes Division.
9. Bernalillo CountyDeputy District Attorney Diana Garcia who oversees the DA’s Juvenile Division.
10. Assistant U.S. Attorney Alexander Flores.
11. Brianne Bigej, general counsel for the New Mexico Department of Corrections
12. Matthias Swonger, supervising attorney for the New Mexico Public Defenders Offices.
13. Private Attorney and former prosecutor Steven S. Suttle.

BERNALILLO COUNTY DISTRICT ATTORNEY’S OFFICE

As of November 21,2022, according to the New Mexico State Government Sunshine Portal, the Bernalillo County District Attorney’s Office has a $30,350,800 million operating budget with an adjusted operating budget of $36,680,800 which includes all sources of financing including federal grants.  The office is budgeted for 337 full time positions.  The office employs 102 attorneys (81 filled, 21 vacant) who are “at will” and 255 other “classified” employees consisting of paralegals, administrative assistants, victim advocates, investigators, IT managers and personnel and finance division personnel who can only be terminated for cause under the state personnel rules and regulations.  276 of the positions are “active” meaning filled. The office has an alarming 61 vacancies. The number of vacancies in the office is larger than most other District Attorney’s offices in the state.

COMMENTARY AND ANALYSIS

The appointment of Sam Bregman did come with some politcal  drama  when on December 2, the Governor’s office released the names of 10 attorneys who applied for the appointment and Bregman’s name was one of the 10. On December 12, the deadline for attorneys to file applications was extended  December 23.  No explanation was given for the extension of time for applications. On December  28,  the names of 4 additional attorneys who applied were released  bringing the total number of applicants to 14. Speculation was rampant that the Governor was not at all satisfied with the 10 original applicants which was the reason for extending the deadline to allow others to apply.

Notwithstanding the politcal drama, the appointment of Sam Bregman did  not come  as a surprise to politcal insiders. Since announcing  the names of  all 14 applicants, insiders said the appoint was Bregman’s  for the asking and that he had the “inside track” on the appointment because of his politcal connections, association and fundraising for  the Governor.  There are no term limitations of the office of Bernalillo County District Attorney.  What did come as a surprise to many is that  Bregman will serve the remaining 2  years of  Raúl Torrez’s  4 year term and he will not run for a full 4 year term in 2024.  Essentially Bregman is a lame duck or caretaker and will not be able to  do much with the office over the next 24 months.

Bregman has a reputation for being very bombastic with an extreme affinity to TV news cameras. When he served as an Albuquerque City Councilor, he was labeled “Showboat Sam” and it was said the most dangerous place to be was between  Bregman and TV news cameras. His reputation for showboating carried over the years but  he became more bombastic as Democrat Party Chair and  even as a criminal defense attorney as he played to the news cameras. Each time Bregman  handled a high profile case, whether it be criminal or civil, you could always expect a news conference as he gave his spin on the case.

There is little to no doubt that Bregman still harbors future political ambitions.  More than a few sources, including a few prominent defense attorneys, are saying he has told them he intends to run for Mayor again in 2025 knowing full well that Mayor Tim  Keller is failing with a 33% approval rating  and that the city’s spiking violent crime rates will again be a major issue. His  timing of serving 2 years as DA would be perfect as his appointed term time will end on December 31, 2024 and the 2025 Mayor’s race will begin in earnest in March, 2025 with nominating petitions being  available.

Bregman would be wise to curb his “publicity seeking” ways as District Attorney, something that his predecessor Raúl Torrez was known for and that got him in trouble with the courts and the legislature.  He would also be wise to try and learn the office first and keep his big mouth shut  before he tries to set any priorities and deal with the legislature in that he has never managed anything bigger than his own solo practice  law firm.

The Bernalillo County District Attorneys office currently has a 65% combined voluntary dismissal, acquittal and mistrial rate.  The city continues to break all time homicide records.  In 2021 there were 117 homicides and in 2022  there were 120  homicides. There  is a “revolving door” for experienced prosecutors with no less than 21 attorney vacancies and a total 61 vacancies out of 276 full time positions.  The DA’s office is now Bregman’s and he must perform.  If he fails, he can probably kiss his future political ambitions good bye.

The big  question is if  Governor Lujan Grisham  appointed Bregman in exchange for his commitment not to run for a full 4 year term in 2 years.  Such a concession and agreement has happened before when Governor MLG appointed Jim Collie Bernalillo County Commission for 2 years in exchange for his commitment not to seek a full 4 year term.

New Mexico State Senator  Bill Tallman represents Senate District 18 which includes Albuquerque. He was first elected to the New Mexico Senate in 2016. Senator Tallman is the Vice Chair of the Senate Health & Public Affairs Committee, Vice Chair of the Transportation Infrastructure Revenue Subcommittee and a member of the Senate Tax, Business & Transportation Committee. Tallman earned a Bachelor of Arts from Syracuse University in 1968 and a Master of Public Administration from the University of Cincinnati in 1972.  Senator Tallman has extensive experience in municipal government  having served as deputy city manager of Santa Fe, New Mexico. He has also worked as city manager of Norwich, Connecticut and Hamilton, Ohio both of which own and operate their gas and electric utilities. He has served as the Assistant County Manager of Schenectady, New York.  After relocating to New Mexico to become Deputy City Manager of Santa Fe, he remained in the area and ran for a seat in the New Mexico Senate.

https://www.nmlegis.gov/members/Legislator?SponCode=STALL

https://en.wikipedia.org/wiki/Bill_Tallman

Below is a guest opinion column submitted for publication on this blog by Democrat New Mexico State Senator Bill G. Tallman.

EDITOR’S DISCLAIMER: The opinions expressed in this guest column are those of State Senator Bill G. Tallman  and do not necessarily reflect those of the www.petedinelli.com blog. The Senator has not been paid compensation to publish the guest column and has given his  consent to publish on www.PeteDinelli.com.

BUILD A DOWNTOWN MULTI PURPOSE ARENA IN ABQ USING PORTION OF $3.6 MILLION STATE REVENUE SURPLUS

“On December 12, the Legislative Finance Committee released its Consensus Revenue Estimate for fiscal year 2024 which begins July 1, 2023. It was reported that New Mexico’s revenues have ballooned to historical levels because of the state’s revenues from oil and gas production.  The new estimates released project the state will have an astonishing $3.6 billion in “new” money available for the budget year that starts on July 1, 2023.

 The 60-day legislative session is scheduled to begin on January 17, 2023. Discussions are seriously underway on how to spend the record-high revenue during the 60-day legislative session. Top budget and finance officials in Lujan Grisham’s administration are urging lawmakers to use the windfall on one-time major capital improvement projects. Funding for ongoing programs need to be kept to a minimum due to the inevitable decreases in revenues from the oil and gas industry.   

 What all too often is totally ignored because lack of revenues are major capital outlay projects that can be transformative to a community.  Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities, and entertainment venues.  

 A modern multi-purpose arena located in Downtown Albuquerque is such a transformative project that will improve the overall quality of life. A modern multi-purpose arena belongs Downtown. Over the last 25 years  I have literally visited 25 big city arenas including  Cincinnati, Chicago, Indy,  Charlotte, Nashville, New Orleans, St Louis, etc  They are all located in Downtowns.  There are good solid reasons why all these big city arenas are located in Downtowns. When these arenas  empty out the atmosphere on the streets is electric and very exciting.

 New Mexico has a population of slightly over one million people residing within 50-60 miles of downtown Albuquerque. According to my research , Albuquerque is the only metro area with a population of a million or more without a modern multi-purpose arena. The UNM Pit is a single-purpose facility, Tingley is a 65-year-old antiquated “barn”, and the Santa Ana Arena is undersized (thus not able to attract larger functions or big-name entertainers) located on a two-lane road 20 miles from the center of population.

 The consultants engaged to determine the feasibility of the rejected soccer stadium projected that the stadium would only be used on 24 dates annually, whereas a muti-purpose arena could have a minimum of 100 events and as many as 150 if managed by competent and professional personnel. A multi-purpose facility would literally be “multi-purpose”: concerts, minor league hockey, NCAA regional basketball tournament games (the PIT no longer meets the NCAA requirements), large faith-based services, Gathering of Nations, arena football, exhibitions, trade shows, tractor pulls, indoor soccer, and nationally-televised boxing/martial arts matches. Also, Albuquerque could attract larger conventions if we had a nearby facility that could seat more attendees during plenary sessions.

 Several times a week, big name entertainers pass thru Albuquerque in their multi-million-dollar tour buses. If we had a modern, large arena seating a minimum of 15,000, mega star entertainers would include Albuquerque on their itinerary.

 During my tenure as the City Manager of Moline, Illinois (Headquarters of Deere & Co.), I was a member of the Quad City Civic Center Authority that planned and constructed a 12,000-seat arena. This arena operated in the black for 15 years until the Great Recession without ever promising this to taxpayers. Even though that metro area population was just shy of 400,000, our first event sold out in 45 minutes.

 Such a facility would be “transformational” for the following reasons:

–   New Mexicans would not have to travel to Denver, Phoenix, Austin, and Dallas for big-name entertainment.

–   It would help to enhance Albuquerque as a convention site and tourist destination. 

–   The ABQ Chamber of Commerce states in a recent publication that successful downtowns include a “play environment” that includes shopping, entertainment, and open spaces. The article goes on to state that more activity downtown would help to revitalize Downtown; 80 to 90% of big city arenas are located downtown.

–   Young people are leaving our region not only for lack of jobs, but they are attracted to cities such as Austin, Phoenix, and Denver, all of which have a ‘big city’ atmosphere.

The estimated cost of such a facility would be in the range of $150-$250 million. $200 million would be just 5.5% of the $3.6 billion the LFC is projecting the state has available for construction during the 2022-23 budget year.

 Also, I believe that alternative uses of the federal funding windfall – other than funding earmarked for brick and mortar – should be discussed through meaningful public input. Serious consideration for the use of our one time federal funding should be given to critical issues such as affordable housing and behavioral health. Sen. Ortiz y Pino and I have recommended to the Senate Democrat Caucus that we direct $100 million towards a transformational statewide behavioral health program.

 The 2023 legislative session could very well turn out to be a “once in a century opportunity” because of the buget surplus to solve many of the state’s problems that have plagued it for so many decades.  It should also be viewed as an opportunity to build transformative facilities that are needed and that will have a lasting impact on the state’s quality of life for decades to come.”

 The link to a related Dinelli blog article is here:

State Budget Officials Say Use Staggering $3.6 Billion Surplus In State Revenue For Transformative Capital Projects; Gov. MLG Buys Into Republican Short Sighted Politcal Dogma Of Using Surplus For Meager Tax Cuts And Rebates With Short Term Benefit

On January 17 the 2023 New Mexico legislative session will begin its  60-day session. Amongst the legislation that should be considered is abolishing New Mexico’s part time “Citizens Legislature” and the creation of a full time, professional legislature.

REPORT ON LEGISLATIVE PROFESSIONALISM

According to a University of New Mexico study,  the New Mexico Legislature is near the bottom in legislative professionalism. The  55-page study is called A Report on Legislative Professionalism for the State of New Mexico. It was written by UNM Professors Timothy Krebs and Michael Rocca.  The study calls for basic changes in the New Mexico’s legislature with the aim at increasing the efficiency and capacity of the institution. This blog article is a discussion and analysis of the report.

The link to read and review the full 55-page report is here:

Click to access A-Report-on-Legislative-Professionalism-for-the-State-of-New-Mexico-Final54.pdf

According to Krebs/Rocca report:

“In 1971, the Citizens Conference on State Legislatures (CCSL) released a landmark assessment of our nation’s state legislatures to gain a better understanding of why our state governments were failing. The CCSL’s report—along with their 1971 book called The Sometime Governments: An Evaluation of the 50 American Legislatures—included sweeping recommendations to strengthen our state legislatures.  Among other things, it sought to provide legislatures more resources of time, compensation, staff, and facilities. The result was a massive effort across the nation over the next 50 years to “professionalize” our state legislatures.”

The UNM Report’s Executive Summary begins by framing why professional legislatures are so important and states in part:

“As polarization and gridlock continues to grip national politics, Americans are increasingly looking to states to remedy the nation’s most significant challenges. The burden has fallen to the states to address complex issues such as health care, immigration, infrastructure, energy, and the environment. Perhaps the federal government’s continued inaction compared to state governments’ action, is one reason why Americans trust their state government far more than their federal government. But this wasn’t always the case. In the 1960s, state governments—particularly their legislatures—were in crisis. Few legislatures had the capacity to address the daunting issues (particularly civil rights and poverty) that were creating massive political, social, and economic unrest in our states and cities.”

FACTORS USED TO MEASURE PROFESSIONALISM

The UNM report defines legislative professionalism as follows:

“The extent to which the legislature can command the full attention of its members, providing them with adequate resources to do their jobs in a manner comparable to other full-time political actors, and setting up organizations and procedures that facilitate law making.”

According to the report, there are 3 major factors used to measure professionalism of a legislature and those factors are  1. session length, 2. support staff and 3. member salary.

Based on accepted measures of professionalism and data available, the study found the following that affects the New Mexico state legislature’s ability to legislate effectively:

1. “The New Mexico legislature meets an average of 70.53 legislative days during each biennium (two years) and its the 3rd shortest in the nation.

2. New Mexico spends less than $400,000 per legislator on staff every two years, which puts the state 33rd out of 50 in staff spending or the 18th lowest in the nation.

3. The New Mexico legislature maintains about 168 permanent staff, or about 1.5 per legislator, which ranks 36 out of 50 states related to employing permanent staff (15th lowest).

4. New Mexico remains the only state in the nation whose legislators do not receive a salary, although they do receive per diems for expenses. Most retain their day jobs or are retired or financially able to subsidize their service. Paid legislators no longer carry jobs they must juggle with legislative responsibilities, so they spend more time reviewing research, reports and legislation, ensuring a greater grasp of complex issues.

5. The study, which included comparable legislatures from around the country, characterized New Mexico’s structure as a part-time, amateur legislature with dual-career legislators.”

The report stated that it is clear  more professionalized legislatures are more effective lawmaking bodies. Legislatures that pay higher salaries write more detailed legislation that allows them to do the following:

• more effectively control state bureaucracies, especially when the legislature is controlled by one party and the governorship controlled by another.
• have a greater capacity than less professionalized legislatures to craft highly complex legislation in response to technical policy issues (e.g. energy regulation).
• be more innovative than their less professionalized counterparts and less prone to imitate the legislative choices of neighboring or similar states.

PROFESSIONALIZING THE LEGISLATURE ONLY GOES SO FAR

The report emphasized that professionalizing and modernizing the legislature needs to go beyond session length, legislator salary, and paid staff. A number of other barriers to effective, efficient legislative practice were noted and include the following:

• “Late start times for committee or chamber hearings. Sessions held after 10 pm or midnight might as well be closed sessions, as most New Mexicans will not stay at the Roundhouse or even remain on Zoom late at night. And certainly New Mexicans with kids to get to school or who have jobs that start at 8 or 9 a.m. will tune out long before midnight. Plus, toward the end of session, these late night hearings can be an everyday event, wearing legislators down and depriving them of time they can be researching bills or communicating with constituents.”

• “Governor’s “call” during short (30-day) sessions. The requirement that only the Governor’s agenda can be considered during a short session severely limits the authority of the legislature, effectively limiting legislators to introducing bills only during 60-day sessions.”

• “The filibusteris a tool used by the minority party to slow down the process and limit what can get done. On the last day of the 2022 session, Republican Sen. Bill Sharer spoke for three hours about baseball and a very inaccurate lesson in NM history, none of which was related to anything on the legislative table. But what was on the table was important election reform legislation that had passed the House and two Senate committees, so this was the last hurdle — except that Sen. Sharer had every intention of talking until the clock ran out and the session ended with election reform dying for lack of time. In truth, there had been plenty of time to conduct a 3-hour hearing and vote to pass important election reform legislation.”

• “Conflict of interest. Legislators who must work may have to vote on legislation that influences the industry in which they work. This occurred throughout the effort to pass legalized cannabis, as both House Speaker Brian Egolf and Senator Jacob Candelaria were attorneys for the cannabis industry. It isn’t just here that we find conflicts of interest, but also as a result of at least two legislators being in relationships with lobbyists. It is unrealistic to expect a legislator not to discuss bills with their partner and equally unrealistic to expect the lobbyist partner not to offer input. The only way to prevent undue lobbyist influence is to require legislators to reveal partner lobbyist or industry ties and then to formulate rules that prevent legislators from voting on bills in which they or their partners have vested interest.”

 THREE RECOMMENDATIONS MADE

 The report makes 3 recommendations to make New Mexico’s legislature a more professional institution. The 3  recommendations made in the report are:

1. Staffing: Increase the number of permanent legislative staff, especially staff connected to individual legislators as opposed to staff that might work for interim committees such as the Legislative Finance Committee or the other permanent, year-round policy committees. Most legislators in NM do not have dedicated staff; they only have access to staff during the legislative session and/or when their work outside the session puts them in contact with institutional staff members. Additional staff support is the best way to increase legislative capacity. Among other benefits, increasing professional staff and broadening their distribution in the legislature will mean greater ability for the legislature to check executive agencies and governmental programs, and for individual legislators to build expertise on policy and to conduct constituency service vital to their constituencies.

2. Salary: Work to provide a salary to legislators not because of its effects on the legislature, and more because it is the fair thing to do. Legislative salary as an indicator of professionalism is linked to a number of important phenomena such as who runs, time spent on the job, legislative productivity and non-voting, district legislation, good government reforms, economic development, etc., but the overall effect of salary is probably not as important as staffing. The question here of course will be where that salary is set.

3. Days in Session:   Days in session should be increased to enhance legislative capacity, especially in bargaining with the executive. Increasing session lengths will allow the legislature to become more involved in making policy, in shaping the budget, and running the government itself. As a result, the legislature will become a constant presence that cannot be ignored by the executive or anyone else.

Providing legislator salaries and increasing the days in the session, as well as providing for the introduction of all substantive legislation during each session, would have to come in the form of amending the state constitution. This would have to be approved by the Legislature and state voters.  However, providing staff to each legislator could be accomplished through legislation. as soon as this coming session.

UNM Professor Timothy Krebs had this to say:

“Research shows that more professionalized legislatures have greater to capacity to act in the policy and representational interests of state residents.  … Adding legislative staff, paying legislators and increasing time in session will help to modernize New Mexico state government in ways that would benefit both the legislature and its constituents.” 

UNM Professor Michael Rocca said that more staff will lead to more innovation, less copy-and-paste legislation from other states, and fewer errors.  Rocca sad this:

“Providing staff and salary, lengthening the session—It’s the right thing to do. It’s the fair thing to do — not to reward the legislators, but to provide constituent services, enable more representation and the ability to check interest groups and the governor.”

The link to the quoted news source material is here:

https://ladailypost.com/unm-study-ranks-new-mexico-near-bottom-in-legislative-professionalism-suggests-longer-sessions-salaries-staff/

COMMENTARY AND ANALYIS

A growing number of citizens and advocacy groups here in the state are calling for “modernizing” or “professionalizing” the Legislature in 2023. The groups include the New Mexico Ethics Watch, Common Cause New Mexico, the Rio Grande Sierra Club,  the League of Women Voters, Indivisible and Retake Democracy.  A major transformative change that is long overdue in the state is the professionalization of the New Mexico legislature to a full time paid legislature.

Democrats in the 2023 legislative session will hold a 45-25 majority in the House and a 27-15 edge in the Senate. Democrat Michelle Lujan and  Democrats should seize the opportunity during the 2023 legislative session and enact legislation calling for a constitutional amendment where voters can decide to make the New Mexico Legislature a professional, full time,  paid legislature.

On December 28, APD Chief Harold Medina and his upper command staff held a press conference to discuss the city’s homicides for the year, the clearance of cases and overall trends.  As of December 31, the city’s homicide number stood at 120.  It’s a record number for Albuquerque police homicide investigations. Last year’s total number was 117 for the year.

A total of 90 cases were solved in 2022 and 117 suspects were arrested, charged, or died. A majority of those cases come from homicides that happened this year but a few are from last year. According to Chief Medina,  half the murders were connected to a violent crime, like robberies during drug or gun deals but he believes there has been a rise in mental health related killings.  Medina said this:

“We’ve had some horrific domestic violence type calls with individuals so I think to me just anecdotal thinking it’s going to be the increase in mental health related homicides.”

APD gave a rundown on the demographics of people who have been arrested for murders this year. As for gender, APD reported 84% of the arrests were men and 16% were women, and 11 of the arrests were juveniles.  Medina said parents need to help when it comes to juveniles being arrested and he said this:

“So many of these trends parents can help with, you know educating their kids on the dangers of parties, parents not having parties for their kids thinking they’re going to control who comes and goes from the parties.”

According to APD, there have were 120 murder victims in 2022.  APD reported it has arrested 117 suspects this year.   Of the 117 suspects arrested, 81 were involved in cases from 2022 and 36 are related to cases from previous years.  APD reported that there are still 51 unsolved murders.

APD reported that a majority of homicide suspects arrested this year also had criminal history.  APD  said  50% of the suspects had a violent crime past.

Most of the cases solved this year involved guns.  Chief Medina said  there is an ongoing concern with the number of guns being illegally sold on the black market.

APD credits their success of solving cases to additional resources they had this year, including increasing the number of personnel assigned to the homicide unit.  APD Deputy Commander Kyle who oversees the department’s Criminal Investigations Division said the changes and additions to APD’s investigative units have helped the department clear more cases this year.  Hartsock said advances in technology, better investigative training and working with prosecutors have also  played a part.  Hartsock had this to say:

“This is one of the rare times we are arresting more people than new cases are coming our way. … This is a significant achievement.”

APD officials say they are focusing on making sure justice is served.  Part of that is making sure state lawmakers provide the means to improve the criminal justice system.  APD said it wants to see an investment into young adult courts and processes within the city, as well as tackling arrest warrants. APD public information Officer Gilbert Gallegos has this to say:

“We’ve called on the Legislature to really invest their resources into the entire criminal justice system. We don’t want to see these cases, pled out or fall through the cracks because there’s not sufficient resources to try them.”

Links to quoted news sources are here:

https://www.krqe.com/news/albuquerque-metro/apd-to-discuss-117-murder-suspects-arrested-this-year/

https://www.krqe.com/podcasts/albuquerque-police-are-solving-more-homicide-cases-in-2022/

https://www.kob.com/new-mexico/apd-90-homicide-cases-solved-117-suspects-arrested-this-year/

https://www.abqjournal.com/2500912/apd-homicide-unit-solving-more-cases-faster.html

MID YEAR SUCCES REPORTED

According to a July 9, 2022 Albuquerque Journal report, the Albuquerque Police Department was solving nearly twice as many homicide cases despite dramatic increases in homicides. APD credited the success to more detectives and a victim-oriented approach based on teamwork, oversight and training.

APD Deputy Commander Kyle Hartsock, who oversees the homicide unit, said although the cases, victims and suspects change, the trends and the causes if the homicides remain largely the same. According to Hartsock, “individual disrespect”, which he defined as a dispute for one reason or another, is one of the biggest motives for homicides and account for 50 of this year’s homicides.

Hartsock said many of the disputes that result in a homicide start over social media but end “in the street.” According to Hartstock:

“We see people go on Instagram Live and start talking trash and people they’re talking about get on the comments like ‘let’s meet up. … If there wasn’t a gun with one of these two people, it just wouldn’t have been a homicide, it would have been something else. A fistfight. … I think it’s pretty astonishing that we’re on the same pace we were last year right now for murders – and we’ve more than doubled the clearance rate. … We can’t keep at this pace without lots of stress and strain on the unit. … So we’re still hoping that number comes back down to closer to what it was over the past five, six years.”

The link to the quotes full Albuquerque Journal report is here:

https://www.abqjournal.com/2500912/apd-homicide-unit-solving-more-cases-faster.html

APD leaders said they have increased the number of detectives but are basically using the same resources, just in a different way, to get results. The unit currently has 16 detectives, some who are still in training, which is the highest number the department has ever had.

APD made a push to add several new detectives over the past year to match the pace of homicides. According to Criminal Investigations Division Commander George Vega, they are using teamwork and an emphasis on assistance from the Digital Intelligence Unit, District Attorney’s Office and others to solve cases faster.

Hartsock said a new review process has detectives meet with a supervisor at the two-day and 60-day mark following a homicide, to go over where the case stands and what it needs to be solved. Hartsock said this:

“A lot of these meetings have turned out arrest warrants within days, because when you’re the detective, there’s so much information … it’s a lot to process and you kind of lose sight. … When we force the other experienced eyes to get on it. We come up with a clear plan almost every time.”

APD Chief Medina for his part said the detective academy is also making a difference and he had this to say:

“We’re finding that [new detectives are] hitting the ground running faster, and actually producing very good quality work and getting results quicker.”

Medina also said there has been pushback from the unit because of extra oversight of the unit and that has been a “culture change” for the unit.

Criminal Investigations Division Commander George Vega said for those detectives who are resistant to change, they need to see and appreciate the results and said:

“Once we show them the success and the new resources that are in the building – everybody likes to be a part of something that’s successful,” he said. “That’s where we’re at now is we’re showing them – we’re giving them a path to take – and we feel like they’re starting to really grab onto it.”

The link to the full unedited and quoted Journal report is here:

https://www.abqjournal.com/2515026/violence-in-abq-wont-let-up.html

During each year of Mayor Tim Keller’s years in office, the city’s murder rates rose, dropped one year, and then rose to a historical high. Following is the breakdown of homicide by year:

2017: 72 homicides
2018: 69 homicides.
2019: 82 homicides
2020: 76 homicides
2021: 117 homicides
2022:  120  homicides 

https://www.abqjournal.com/1534762/homicide-numbers-high-despite-pandemic.html?amp=1

https://www.abqjournal.com/2458296/remembering-some-of-2021s-homicide-victims-in-abq-ex-total-

NATIONAL CLEARANCE RATES

Following are the national clearance rates for 2016, 2017, 2018 and 2019 as reported by the FBI:

In 2016, the national clearance rate for murder offenses was 59.4%.
In 2017, the national clearance rate for murder was 61.6%
In 2018, the national clearance rate for murder was 62.3%
In 2019, the national clearance rate for murder was 61.4%

The links to retrieve and review the above clearance rates are here:

https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/topic-pages/clearances

https://ucr.fbi.gov/crime-in-the-u.s/2017/crime-in-the-u.s.-2017

https://ucr.fbi.gov/crime-in-the-u.s/2018/crime-in-the-u.s.-2018/topic-pages/clearances

https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/clearances

From 2019 to 2020, police across the country solved 1,200 more murders, a 14% increase. But murders rose twice as quickly by 30%.

As a result, the homicide clearance rate, the percentage of crimes cleared, dropped to a historic low to about 1 of every 2 murders solved or by 50%.

In 2021, the national clearance rate was  50%

https://www.themarshallproject.org/2022/01/12/as-murders-spiked-police-solved-about-half-in-2020

 CITY’S HISTORICAL HOMICIDE CLEARANCE RATE HALF NATIONAL AVERAGE

The city of Albuquerque is a performance-based budget. Each year, city departments must submit statistics to substantiate their accomplishments and justify their budgets. The homicide clearance rates for the Albuquerque Police Department are disclosed  in the annual APD city budgets.

For the years 2019 to 2021, the city’s homicide clearance percentage rate have been in the 50%-60% range but have in fact dropped dramatically to less than 40% one year.

According to the 2020, 2021 and 2022 APD approved city budget, following are APD’s homicide clearance rates for the years 2016 to 2021:

FISCAL YEAR 2019 APD APPROVED BUDGET PERFORMANCE MEASURES

2016: APD homicide clearance rate 80%

Fiscal year 2019 APD approved budget, Page 212:

https://documents.cabq.gov/budget/fy-19-approved-budget.pdf

FISCAL YEAR 2020 APD APPROVED BUDGET PERFORMANCE MEASURES

2017: APD homicide clearance rate 70%.
2018: APD homicide clearance rate 47%.

Fiscal year 2020, approved budget, Page 213:

https://documents.cabq.gov/budget/fy-20-approved-budget.pdf

FISCAL YEAR 2021 APD APPROVED BUDGET PERFORMANCE MEASURES

2018: APD homicide clearance rate 47%.

2019: APD homicide clearance rate 57%

Fiscal year 2021 approved budget, Page 227:

https://www.cabq.gov/dfa/documents/fy21-adjusted-approved-numbered-w-hyperlinks-final.pdf

FISCAL YEAR 2022 APPROVED BUDGET PERFORMANCE MEASURES

2020: APD’s homicide clearance rate 53%.
2021: APD’ clearance rate 37%  

Fiscal year 2022 approved budget, Page 231:

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

The link to review all city budgets from Fiscal years 2007 to 2023 is here:

https://www.cabq.gov/dfa/budget/annual-budget

CALCULATING APD CLEARANCE RATE FOR 2022

As reported above, the annual clearance rate for APD since 2017 has been as high as 80% and as low as 37%.  In 2021, the clearance rate was 37%, in 2020  it was 53%,  in 2019 it was 57%, in 2018 it was 47% and in 2017 it was 70% and in 2016 it was 80%.

On May 19, 2022 it was reported that APD proclaimed it had a 97% clearance rate with 47 suspects arrested, charged or identified in 40 recent and past homicide cases.  Of the 47 suspects arrested, charged or identified as of May, 23  were suspected in 2022 homicides and 24 in previous year homicides, 17 from 2021, two from 2020 and five from 2019.

The problem is that APD calculated the 97% clearance rate by relying only on the 40 cases that were actually being investigated from January 1 to May 19 thereby resulting in the inflated clearance rate.  The problem is that is not how it’s done by the FBI.

https://www.abqjournal.com/2500912/apd-homicide-unit-solving-more-cases-faster.html

Each year since 1995, the FBI releases annually its Crime In The United States Report. The Marshall Project describes the FBI’s method of calculating clearance rate as “blunt math…dividing the number of crimes that were cleared, no matter which year the crime occurred, by the number of new crimes in the calendar year.” By including clearance of old and new cases, a department’s rate in any particular year could exceed 100%. This leaves the statistics open to “statistical noise,” but ultimately can be useful for examining trends over a longer term.

https://www.themarshallproject.org/2022/01/12/as-murders-spiked-police-solved-about-half-in-2020

In 2022 there were 120 homicides as of December 31 and 90 homicide  cases were reported as solved, which included 36 cases from previous years.  Using the FBI method of calculating murder clearance rates for 2022 , there were a  total of 90 homicide cases cleared in 2022,  the total number of  new homicide cases was 120  for the calendar year which results in a clearance rate of 75%. (90  cases cleared in 2022, 120  new cases for 2022 = 75% clearance rate.)

COMMENTARY AND ANALYSIS

APD’s clearance rate last year was a miserable 37% and as it stands now for 2022 it is an impressive 75%.   There is little doubt that APD has had an impressive year in increasing its homicide clearance rate by 38% going from 37% to 75%.  APD and its homicide are  recognized and commended for doing their jobs of doubling down on the resources to solve cases not only from this year but previous years.  APD needs to continue with what they are doing in 2023 to solve cases to refer them to the District Attorney for prosecution such that justice can be served.

City residents and the victim families can take comfort with APD being able to increase solving the number of homicide cases.  However, the blunt truth is the solving murder cases does not and will not make the city any safer as the city  breaks all time records for the past 5 years in homicides and violent crime.